Sale of Goods act vs Vodafone

NFH

gjchester wrote: »

Eefee needs to go down a legal route to show this eitherway.

Agreed. Either he needs to send a letter before claim to Vodafone or hope that this forum's Vodafone Company Representative sorts it out for him.

alistair.long

Firstly I have skipped many of the posts.

Your phone has become faulty,

2 things that come to mind.

firstly the phone is within a rental agreement and therefore the contract states that you have a handset with the phone, and therefore if the phone is not working and the company do not want to repair it, you can refuse to pay the bill (not recommended). However you are intitled to a repair or a replacement in this case. It is as you rent a house, if the heating does not work, why should you pay the rent.

secondly the SAGA is your friend, there is something in law that says a phone should last you a reasonable time. a woman in the Which magazine took comet to court as they wouldnt refund her 3 year old washing machine. She then got her money back and also money for time wasted.

I am still awaiting my reply from Vodafone, I am going to have to sue them in court.

NFH

alistair.long wrote: »

firstly the phone is within a rental agreement

What?! There is no rental agreement and the phone is not rented. There is a contract for service and the supplier supplied the goods with the intention of them being used with that service.

eefee

NFH wrote: »

Vodafone has supplied goods for use with a service which it also supplies. The goods were supplied at the agreed price on condition of the purchase of the service at an agreed price; the two are interpendent. Therefore the supply of the goods is governed by the Supply of Goods and Services Act 1982 of which Sections 11N and 18(3)(e) are relevant in this case.

In all my communications with Vodafone and the Ombudsman, I have referred to the SOGA not the SOGASA.

Will I need to go through the whole complaints process again referring to the SOGASA?

NFH

eefee wrote: »

In all my communications with Vodafone and the Ombudsman, I have referred to the SOGA not the SOGASA.

Will I need to go through the whole complaints process again referring to the SOGASA?

No, just change your correspondence going forward to refer to SOGASA instead of SOGA.

eefee

Nice one. Thanks for all your help

eefee

Do you do No Win No Fee?
Fancy taking on Vodafone?

wonderemxx

don't know if its to late but take a look at this: http://www.adviceguide.org.uk/index/c_mobile_phones.pdf

Replacement or repair
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If you bought the phone on or after 31 March 2003, you can ask the seller to replace or repair it free of charge if it is faulty. If you do this within six months of receiving the phone, it will be assumed that the problem existed when you bought it, unless the seller can show otherwise. However, you can still ask for a replacement or a repair for up to six years from the date that you bought the phone, if it is reasonable for it to have lasted that long. In this case it will be up to you to show that the phone was faulty at the time of sale. The longer you have had the phone, the more difficult it becomes to prove that it was faulty at the time of sale.

If
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it is impossible to replace or repair the phone; or

a replacement or repair would be unreasonably costly for the seller when compared with alternative remedies; or

the seller fails to replace or repair the phone within a reasonable time of having agreed to do so or causes you significant inconvenience; or

the phone has worked for some time before it goes wrong or only one of its functions has gone wrong

then:

you can ask for a partial or full refund. The amount of money you get back may be reduced to take account of any use that you have had out of the phone.
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